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Patent Invalidity Patent Litigation CLS Bank v Alice Corp

BakerHostetler

The Federal Circuit Once Again Shows Its Willingness to Reject Conclusory Allegations of Inventiveness

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The Federal Circuit recently affirmed a district court’s grant of Zillow Group Inc.’s (“Zillow”) motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) because the two International Business Machines Corporation...more

Troutman Pepper

EDVA Judge Rules That Geolocation Patents Are Invalid Under 35 U.S.C. § 101

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On September 18, in identical opinions issued in separate cases against Google and Apple, EDVA District Judge Michael Nachmanoff ruled that four patents directed toward geolocation of mobile devices claimed patent-ineligible...more

Farella Braun + Martel LLP

What Patent Bills Would Mean for Infringement Litigation

Two bills recently introduced in Congress could significantly affect the current patent litigation landscape. The bipartisan bills are titled the Patent Eligibility Restoration Act of 2023 and the Promoting and Respecting...more

Weintraub Tobin

The Briefing: A Prototypical Corporate Salesperson is Not Patentable

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The Federal Circuit Court of Appeals invalidated seven patents owned by an AI technology company after applying the two-step Alice test. Scott Hervey and Audrey Millemann talk about this decision on this episode of The...more

Weintraub Tobin

Podcast: The Briefing - A Prototypical Corporate Salesperson is Not Patentable

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The Federal Circuit Court of Appeals invalidated seven patents owned by an AI technology company after applying the two-step Alice test. Scott Hervey and Audrey Millemann talk about this decision on this episode of The...more

Akin Gump Strauss Hauer & Feld LLP

District Court Granted Summary Judgment of Invalidity Because the Patent Recited a Patent-Ineligible Abstract Idea Executed in a...

Judge Orrick in the Northern District of California recently granted a motion for summary judgment of invalidity for patent-ineligible subject matter under 35 U.S.C. § 101. The court found that the claims recited the abstract...more

McDonnell Boehnen Hulbert & Berghoff LLP

Yu v. Apple (Fed. Cir. 2021)

When the Supreme Court began poking around into the law of patent eligibility just over a decade ago, the invention topics that it considered under the abstract idea exception were limited to types of financial transactions. ...more

Akerman LLP

ShoppersChoice: Federal Circuit Affirms Section 101 Rejection of Patent at Pleadings Stage – a Reminder for Patentees to Raise...

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The Federal Circuit recently affirmed a U.S. district court’s holding at the pleadings stage that claims of a delivery notification patent were invalid under 35 U.S.C. § 101. The case is Electronic Commc’n Tech., LLC v....more

McDonnell Boehnen Hulbert & Berghoff LLP

Packet Intelligence LLC v. NetScout Systems, Inc. (Fed. Cir. 2020)

Introduction - Packet Intelligence sued NetScout in the Eastern District of Texas, alleging infringement of U.S. Patent Nos. 6,665,725, 6,839,751, and 6,954,789.  The District Court ruled that all three patents were valid...more

McDonnell Boehnen Hulbert & Berghoff LLP

Electronic Communication Technologies, LLC v. ShoppersChoice.com, LLC (Fed. Cir. 2020)

Electronic Communication Technologies (ECT) sued ShoppersChoice in the Southern District of Florida for allegedly infringing claim 11 of U.S. Patent No. 9,373,261.  The claim recites...more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit Snubs Extrinsic Evidence in Reversing Ruling on 12(b)(6) Motion Arguing Invalidity Under § 101

In CardioNet, LLC, et al. v. InfoBionic, Inc., the Federal Circuit reversed a district court’s ruling that affirmed a defendant’s 12(b)(6) motion that the asserted claims are invalid under 35 U.S.C. § 101, based on step one...more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit Decision Provides Opening for Preparation Methods in Diagnostic Space, But Not for Diagnostic Claims

The Federal Circuit held that two patents directed to methods of preparing samples for use in diagnostic methods are patent eligible under Section 101, reversing a decision from the District Court for the Northern District of...more

McDonnell Boehnen Hulbert & Berghoff LLP

Pebble Tide LLC v. Arlo Technologies, Inc. (D. Del. 2020)

Claims Directed to Capture and Output of Digital Content Held Patent Ineligible - A few weeks ago, the U.S. District Court for the District of Delaware granted Defendants' Rule 12 motions in three different cases, each...more

Holland & Knight LLP

"Not A Close Call" – Taxicab Credit Card System Patent Found to be Abstract, Invalid

Holland & Knight LLP on

Curb Mobility sued a handful of taxicab companies in the U.S. District Court for the District of Nevada and alleged infringement of a patent titled "System for Credit Card Acceptance in Taxicabs." Curb's complaint focused on...more

Jones Day

ITC Invalidates Road Paving Machine Patent for Being An Abstract Idea

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In a recently issued Commission Opinion, the ITC affirmed the ALJ’s finding that the asserted claims of U.S. Patent No. 9,045,871 (the ’871 patent) are invalid as directed to an abstract idea. Certain Road Construction...more

Knobbe Martens

Federal Circuit Review - October 2019

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The PTAB Cannot Approve or Deny Certificates of Correction - In Honeywell International, Inc. v. Arkema Inc., Arkema France, Appeal Nos. 2018-1151, -1153, the Patent Trial and Appeal Board (“Board”) does not have the...more

Holland & Knight LLP

Fed. Cir. Affirms It: Facilitating Cross-Marketing Relationships an Invalid Abstract Idea

Holland & Knight LLP on

On Tuesday, the Federal Circuit affirmed a District of Delaware decision without a written opinion. The Delaware decision, from late 2018, granted LinkedIn's motion to dismiss the plaintiff's patent suit, finding the asserted...more

Knobbe Martens

Federal Circuit Review - July 2019

Knobbe Martens on

Broad Claim Language and Unpredictability in the Art Lead to Non-Enablement - In Enzo Life Sciences, Inc. v.  Roche Molecular Systems, Inc., Appeal Nos. 2017-2498, -2499, -2545, -2546, broad patent claims were invalid as...more

International Lawyers Network

Patent Troll Suits Down, Not Out in 2018

Over the past half-decade, Congress and the courts have made aggressive efforts to curb the worst abuses of the patent system. In 2013, Congress passed the America Invents Act (AIA), which established the Patent Trial and...more

Holland & Knight LLP

RPX: The Berkheimer/Aatrix Effect is Real

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RPX’s latest quarterly review provides a deep dive on the effects of Berkheimer and Aatrix. If you forget, the Federal Circuit found in those two 2018 cases that Section 101 motions – at the Rule 56 and Rule 12 stages,...more

Knobbe Martens

Federal Circuit Review - May 2019

Knobbe Martens on

Reasonably Continuous Diligence Is Not Negated If an Inventor Works On Improvements or Evaluates Alternatives to the Claimed Invention - In ATI Technologies ULC v. IANCU, Appeal Nos. 2016-2222, -2406, -2608, the Federal...more

Knobbe Martens

Federal Circuit Review - April 2019

Knobbe Martens on

Just Because Something May Result From a Prior Art Teaching Does Not Make it Inherent in that Teaching - In Personal Web Technologies, LLC v. Apple, Inc., Appeal No. 2018-1599, the Federal Circuit clarified that the mere...more

Knobbe Martens

Federal Circuit Review - September 2018

Knobbe Martens on

Federal Circuit Finds Claims Issued from Reexamination Co-Pending with Appeal Ineligible Where the Changes Did Not Affect Section 101 Eligibility - In SAP AMERICA, Inc. v. InvestPic, LLC, Appeal No. 2017-2081, the...more

Knobbe Martens

PurePredictive, Inc. v. H2O.AI, Inc.: Northern District of California Invalidates Machine Learning Claims Under Section 101

Knobbe Martens on

Machine learning is one of the fastest growing categories of granted patents[1].  However, there do not appear to be many examples of patent infringement lawsuits where machine learning claims have been analyzed by the courts...more

Knobbe Martens

BSG Tech LLC v. BuySeasons, Inc.

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Federal Circuit Summary - Before Reyna, Wallach, and Hughes. Appeal from the District Court for the Eastern District of Texas. Summary: When the only unconventional feature of the patent claim is what has already been...more

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